Education (Wales) Measure 2009

JurisdictionWales
Citation2009 nawm 5
Year2009
(1) The Education Act 1996 (c. 56) is amended in accordance with this section.(2) After section 332 insert—
    Appeals by children
    (332ZA) Right of a child to appeal to the Welsh Tribunal
  • “(1) This section applies to the rights of a parent of a child to appeal to the Welsh Tribunal under any of the following provisions—
  • (a) section 325(2) (appeal against decision not to make statement) ;
  • (b) section 326(1) (appeal against contents of statement) ;
  • (c) section 328(3) (b) (reviews of educational needs) ;
  • (d) section 329(2) (b) (assessment of educational needs at request of child's parent) ;
  • (e) section 329A(8) (b) (review of assessment of educational needs at request of responsible body) ;
  • (f) paragraph 8(3) (b) of Schedule 27 (change of named school) ;
  • (g) paragraph 11(2) (b) of Schedule 27 (ceasing to maintain a statement) .
section 325(2) (appeal against decision not to make statement) ;section 326(1) (appeal against contents of statement) ;section 328(3) (b) (reviews of educational needs) ;section 329(2) (b) (assessment of educational needs at request of child's parent) ;section 329A(8) (b) (review of assessment of educational needs at request of responsible body) ;paragraph 8(3) (b) of Schedule 27 (change of named school) ;paragraph 11(2) (b) of Schedule 27 (ceasing to maintain a statement) .The child may exercise the rights conferred on the parent in respect of that child.The child's rights are exercisable concurrently with the parent's rights.The exercise of rights under this section is subject to provision made by regulations under sections 332ZC and 336(1) .(1) The Education Act 1996 (c. 56) is amended in accordance with this section.(2) After section 332ZA insert—
    (332ZB) Notice and service of documents on a child
  • “(1) This section applies if a F1local authority in Wales is required to give notice to or serve a document on a parent of a child under any of the following provisions—
  • (a) section 325 (appeal against decision not to make statement) ;
  • (b) section 328 (reviews of educational needs) ;
  • (c) section 329 (assessment of educational needs at request of child's parent) ;
  • (d) section 329A(8) (review or assessment of educational needs at request of responsible body) ;
  • (e) paragraph 3 of Schedule 26 (manner and timing of assessments) ;
  • (f) paragraph 2A of Schedule 27 (amendments to a statement) ;
  • (g) paragraph 2B(2) of Schedule 27 (provision of additional information) ;
  • (h) paragraph 6 of Schedule 27 (service of statement) ;
  • (i) paragraph 8 of Schedule 27 (change of named school) ;
  • (j) paragraph 11 of Schedule 27 (ceasing to maintain a statement) .
section 325 (appeal against decision not to make statement) ;section 328 (reviews of educational needs) ;section 329 (assessment of educational needs at request of child's parent) ;section 329A(8) (review or assessment of educational needs at request of responsible body) ;paragraph 3 of Schedule 26 (manner and timing of assessments) ;paragraph 2A of Schedule 27 (amendments to a statement) ;paragraph 2B(2) of Schedule 27 (provision of additional information) ;paragraph 6 of Schedule 27 (service of statement) ;paragraph 8 of Schedule 27 (change of named school) ;paragraph 11 of Schedule 27 (ceasing to maintain a statement) .The F1local authoritymust give notice to, or serve the document on, the child as well as on the parent.Any provision applicable to notices given to or documents served on a parent applies equally to notices given to or documents served on a child.(1) The Education Act 1996 (c. 56) is amended in accordance with this section.(2) After section 332ZB insert—
    (332ZC) Case friends — Wales
  • “(1) The Welsh Ministers may provide by regulations for a child to have a person (referred to in this Part as a “case friend”) —
  • (a) to make representations on behalf of a child with a view to avoiding or resolving disagreements about the exercise by local education authorities in Wales of functions under this Part, and
  • (b) to exercise the rights of a child under section 332ZA on the child's behalf.
to make representations on behalf of a child with a view to avoiding or resolving disagreements about the exercise by local education authorities in Wales of functions under this Part, andto exercise the rights of a child under section 332ZA on the child's behalf.make representations and exercise rights fairly and competently,have no interest adverse to that of the child;ensure that all steps and decisions taken by the case friend are for the benefit of the child and take account of the child's views.confer functions on the Welsh Tribunal;make provision about procedures in relation to case friends;make provision about the appointment and removal of case friends;specify the circumstances in which a person may or may not act as a case friend;specify the circumstances in which a child must have a case friend;specify further requirements in respect of the conduct of case friends.(1) The Education Act 1996 (c. 56) is amended in accordance with this section.in the heading, after the word “parents” insert “ — England ”;in subsection (1) , after the words “F1local authority” insert “ in England ”;in subsection (2) , for “given—” substitute “ given by the Secretary of State. ”;in subsection (2) , omit paragraphs (a) and (b) .(3) After section 332A insert—
    (332AA) Advice and information — Wales
  • “(1) A F1local authority in Wales must arrange for any child in their area with special educational needs, for a parent of any such child and for a case friend for any such child, to be provided with advice and information about matters relating to those needs.
  • (2) In making the arrangements, the authority must have regard to any guidance given by the Welsh Ministers.
  • (3) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.
  • (4) The authority must take such steps as they consider appropriate for making the services provided under subsection (1) known to—
  • (a) children in their area,
  • (b) parents of children in their area,
  • (c) head teachers and proprietors of schools in their area, and
  • (d) such other persons as they consider appropriate.
A F1local authority in Wales must arrange for any child in their area with special educational needs, for a parent of any such child and for a case friend for any such child, to be provided with advice and information about matters relating to those needs.In making the arrangements, the authority must have regard to any guidance given by the Welsh Ministers.The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.children in their area,parents of children in their area,head teachers and proprietors of schools in their area, andsuch other persons as they consider appropriate.(1) Section 332B of the Education Act 1996 (c. 56) is amended in accordance with subsection (2) .

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